k and visibility was a quarter mile. no damage to the bridge. >> there is a crushing to the hull in the lighting system. >> caltrans responded to the accident and said there was no damage to the bay bridge. the tanker hit a fender that was like a bumper and took the brunt. caltrans will replace 40 feet of it. the pilot will be interviewed in a few hours. the "mercury news" identified him as [ indiscernible ] of san francisco. according to the "mercury news," in 2009 he ran aground 550-foot cargo ship of in sacramento. he also was in a tugboat when it ran aground in the inner

richmond harbor. we haven't gotten results of drug tests but he tested negative for alcohol. cate caugiran, cbs 5. a man suspected of setting his girlfriend on fire in san francisco now under arrest this morning. we are told 22-year-old dexter oliver will be charged with attempted murder and arson. the 25-year-old victim is still in the hospital with life- threatening burns. mountain view police say modern dna technology has led to an arrest in a 1985 murder case. it was 28 years ago this month the body of 21 zabba engineer may was found in a dumpster behind a safeway grocery store. police arrested 53-year-old daniel garcia on friday of fresno on suspicion of murder.

recent tests matched his dna to skin fragments under the victim's finger nailed. search for victims of the "speed freak" killer is taking new turns. victims will be searched for again. the fbi is focusing on a 50- foot well not too far from where 1,000 bones were found. >> this well site is 50 feet deep. as i said earlier, we may only be able to excavate five feet each day so we are going to do a methodical careful search. >> feds took over the investigation from the san joaquin county sheriff's department after it was criticized for mishandling the operation. a woman is under arrest in southern california after the death of a 2-year-old girl who ate chili powder in apple valley just north of san bernardino. sheriff's deputies went to a

home sunday and found a toddler suffering from a seizure. she later died at the hospital. an autopsy is planned to find out what role the chili powder played in the girl's death. she was the daughter of the woman's boyfriend. some developing news now out of australia. firefighters are battling scores of wildfires across the southeast. to make matters worse, they are facing blistering temperatures and high winds. national parks have been evacuated. about 100 people are missing. the fires burned through more than 100,000 acres in the area. 4:34. a new look at the numbers confirm what san jose firefighters had suspected all along. it is taking them a lot longer to get to fires now that there are fewer firefighters on hand. the nationwide standard for getting to a fire is 6 minutes 90% of the time but the goal in san jose is 8 minutes 80% of the time. in the past couple of years, san jose has laid off 50

firefighters and taken about half dozen fire engines out of service but reports indicate response times were not impacted. now it turns out a computer glitch was to blame for the false reports. truth is, san jose's response times are among the slowest in the nation. >> we're not looking for "i told you so." we're looking to save lives and property. if we show -- if the numbers come out that say we are not achieving what we should be, then we need some investment into this organization so we can do better. >> help is on the way though. grants are paying to replace laid-off firefighters and 31 recruits are scheduled to graduate this coming spring. state schools chief don torlickson is expected to unveil a new system for standardized testing. last year he was given the task of revamping student achievement tests which gauge progress in english, arts and math. the new testing is expected to include critical thinking and problem solving skills to

comply with new national guidelines known as common core. it is 4:36. we know when the united states supreme court will take up the prop 8 case, on march 26. at issue whether it was constitutional for the california voters to ban gay marriage through the 2008 ballot measure. the next day the court will hear arguments on the constitutionality of the federal "defense of marriage act." the rulings are expected sometime in june. president obama is urging congress to act quickly and confirm his nominees for defense secretary and cia director but cbs news reporter susan mcginnis says another capitol hill battle seems to be looming. reporter: president obama announced his pick for the next heads of the pentagon and the cia. now they need congressional approval before they can get to work. >> we need to move quickly. >> reporter: senator chuck hagel is the nominee for secretary of defense. a former n listed man and vietnam vet, the president says

hagel can relate personally to america's troops. >> to this day chuck bears the scars and the shrapnel from battles he fought in our name. >> reporter: but winning confirmation won't be easy. some of hagel's former senate colleagues call him hostile toward israel and soft on iran. >> i'm waiting for an explanation. i want him to make the case as to why he should be the secretary of defense. >> reporter: confirmation hearings here on capitol hill are expected to be easier for another nominee john brennan the president's cia pick. still looking at his 25 years at the spy agency some object to the brennan pick. >> if you tuned in here, obama, listen to what i'm about to say. >> reporter: a small group protested the choice monday saying brennan is linked to controversial interrogation techniques including waterboarding during the george w. bush administration. the white house disputes that. >> mr. brennan wrote a letter in which he made clear he opposed so-called enhance and

interrogation techniques. >> reporter: brennan is also the architect of the drone program credited with killing al qaeda operatives but it's unpopular overseas especially in pakistan where drones have targeted terrorists living in the country. susan mcginnis, cbs news, washington. switching gears at 4:38. >> shall we? >> why not. >> a wee bit of fog out there eh? >> thick in spots especially -- [ laughter ] >> especially in the east bay. >> i don't know where that came from. >> they're going to be tough to deal with today. we have a dense fog advisory in the east bay valleys, visibility less than a quarter mile in spots. be careful driving. otherwise it's hazy over the bay at this hour. and looks like throughout the day not a bad day. still a little cool in spots. 36 degrees in livermore, 39 in santa rosa. and 44 in san jose. high pressure remains in place. but not forever. that is going to change as we get into tomorrow, maybe we start talking about rain highs in the 50s and 60s, not too

bad, elizabeth. >> no. it's warmer than yesterday. the 60s feel good. outside now roadwork we got a lot of that going on but as far as accidents and incidents not too many. live look in the south bay 101 near the trimble exit. both directions of one one are flowing nicely. we'll find roadwork at the bay bridge up the incline. various lanes blocked. it sounds like two are blocked until 5 a.m. traffic is light so no delay. more of a visual distraction. elsewhere to our other maps, lawrence mentioned the fog. chp issued a fog advisory. more roads work on the peninsula until 6:00 southbound 101 between poplar and 92, only the right lane gets by. more coming up. back to you. >> thank you. some bay area headlines now on this tuesday. a teenaged boy is oakland's first homicide victim of 2013. he was found shot to death in a parked car near hegenberger and

hamill street yesterday afternoon. no arrests so far and no word on a motive. the man accused of killing 7 people at oikos university last year is ordered back to court january 28. a judge ruled yesterday that 44- year-old one goh is not mentally fit for trial. his lawyer says there's a good chance he will be sent to napa state hospital for treatment after discussions resume this month. a plane ran off a runway in san carlos. it ended up nose down in a pond stuck in the mud. the pilot and passenger walked away unhurt. the plane had some damage. sheriff's deputies say the pilot may have been going too fast landing. the airport was closed for six hours. an suv smashed into a livermore restaurant while customers were eating lunch. police say the driver of a parked cadillac escalade hit the wrong pedal and crashed into the italian cafe. it hit the dining room and out the other side of the building.

the worst injury was a broken leg. >> scary there. >> i guess! dining and that comes in. 4:41. imagine waking up and finding this, a stranger sleeping in your home. >> how a california woman turned the tables on an intruder after she offered to get him coffee. >> and a new name for mcdonald's in the land down under. tell you about that and much more coming up.

sky in mexico. the 12-thousand, 664-foot 'colima volcano' is in a sparsely- po >> a volcano sent petaluma and gas and ash 10,000 feet into the sky, plumes of ash as gas in mexico. the 12,000 colima volcano is in a sparsely populated rural area. no evacuations from the nearby towns. this volcano has been one of mexico's most active in recent years. you can see some of the time elapse there, kind of cool. >> it is. the recent storms did a number on a bay area landmark. it was actually swept out to

sea. >> this is what the famous arch at tennessee beach along the marin county coastline used to look like. cbs 5 reporter allen martin took this picture a few years ago. and this is what's left. the arch crashed down 10 days ago likely the halt of time, geological forces and rain. take a look at that. >> that's a big difference. >> our earth is forever changing, isn't it? >> it is. lawrence you're tracking it, too. >> i am. we may get some rain back in the bay area. there's a chance we could see snow flurries around the bay area on thursday. got to get that moisture to come in here. today though it's all about the dense fog early on in some of the valleys, very thick. dense fog advisories in the valleys, 30s and 40s. this afternoon hazy sunshine in the 50s and 60s. no snow with those numbers but that is soon going to change. high pressure holding on for

one more day but eventually this ridge breaks down after today and a cold storm will drop out of the gulf of alaska to bring a chance of showers as we head in toward wednesday and maybe into thursday we have that cold air in place which is coming right out of the gulf of alaska and that could change everything. so a nice day today starting out with some patchy fog early on. that should begin to break up then we'll see some hazy sunshine toward the afternoon. the temperatures likely to be just a little bit warmer in toward the afternoon hours, as well. so looking at a decent day but this will be it. after this, it is back to some wintry weather. temperatures about 63 degrees in san jose. 60 in fremont. 58 in pacifica. east bay temperatures after the dense fog up into the 50s and low 60s. and inside the bay we'll find 61 in oakland, 58 in san francisco and 61 in petaluma. next couple of days, chance of showers returns on wednesday. doesn't look like much. then that cold air slides in on thursday. if we do get any precip we could see some snow over local mountains to about 2,000 feet. so getting low. then by friday we dry out but stay cool at least into the first part of the weekend, elizabeth.

>> look at that. let's go towards the san mateo bridge right now where we can actually see traffic, we believe, as lawrence said areas of patchy fog. this camera was difficult to see yesterday but looks like things are flowing nicely. towards the san mateo bridge, by the way, on 101, roadwork between popular and 92. westbound 580, 15 minutes coming through the altamont pass heading to the dublin- pleasanton area so no major roadwork across this stretch. and to our maps, this is actually the rows work that i was talking about scheduled to wrap up at 6:00. 101 and 280 still flowing smoothly. dense fog advisory between antioch and pittsburg-bay point area. back to you guys. walnut creek police are defending two officers who shot and killed a 22-year-old man

last month. police say anthony banta had a 10" knife in his hand when officers responded to the diablo point apartments. according to the police chief, the officers ordered banta to drop the knife several times and then banta allegedly charged towards the officers with that knife in his hand. >> officers don't shoot and kill anyone, they don't shoot anyone, unless they're absolutely forced to do that. and in this particular case they were. >> chief says toxicology reports are still pending. banta had no criminal record. the four officers put on administrative leave are now back to full duty. it was poison that killed an illinois lottery winner. the medical examiner in chicago might exhume the body of a man whose death last july was originally ruled natural. but a relative asked them to check again. now it's considered a homicide by cyanide. he died the day after he received his $400,000 check. that check was cashed a month later with the money apparently

going to his estate. a sacramento woman has a tale to tell about how she handled an intruder in her home. terrell parnell says she recently woke up from a deep sleep to find the intruder sleeping on her couch. so she offered to get him coffee. but then she returned with a big surprise. >> that's when i unsheathed the machete and i said no, you need to get back, you need to sit downright here and wait for the cops to get here. >> terrell not messing around. parnell took a photo as they arrested the suspect. 25-year-old christopher weaver. parnell was unharmed but she did have to replace the broken glass on her sliding door and she was disturbed to discover the intruder had eaten her chinese food. a marin county man is keeping up a fight against a

carpool fine. jonathan freeman insists he had a passenger with him when he was pulled over and ticketed on 101 last october. as proof, he handed the officer a stack of corporation papers connected to his family east charity foundation. >> the cops doesn't think that a corporation's papers qualify as a person. >> corporate personhood is a controversial legal concept that freeman opposes. he says he has been driving around with the papers for 10 years waiting for a citation so he could challenge it in court. the judge yesterday called it a novel argument but found him guilty on commonsense grounds. >> good effort. 4:49. you can use your phone to pay for parking at almost any metered space here in san francisco. the pay by phone app will even send you a text reminder when your meter is about to expire and you can add time without even going back to your car.

that's nice. meters actually along the embarcadero are not part of the program by the way. they fall under the jurisdiction of the port of san francisco. 400,000 homeowners could get money back on a settlements of wrongful foreclosures. the banks agreed 30 pay $8.5 billion to settle complaints they mishandled paperwork and skipped required steps in the foreclosure process. depending on the errors, affected homeowners could get as much as $125,000 in compensation. in healthwatch, a new national study reveals the overall cancer death rate in the united states has dropped from 2,000 to 2009 but death rains increased for certain types of cancer -- death rates increased for certain types of cancer in every liver and pancreas and in men, melanoma. researchers say there is increased need for hpv vaccinations. new study shows people cut

back on healthcare during the recession from 2007 to 2009. researchers from the you ever of maryland said during the economic downturn people didn't visit doctor offices and cut back on filling prescriptions. children should get at least an hour of physical activity a day and spend less than two hours in front of tv or computer. new study shows fewer than 4 in 10 children meet both recommendations. researchers reviewed data from more than 1200 children and found the older the children get, the less active they become. well, mcdonald's is embracing its nickname in australia. you might call it mickey d's but in australia they call [ indiscernible ] now 13 restaurants down under are going with that idea. the signs are coming down and putting up new signs that say maccas. it coincides with australia day on the 26th of the month and the signs may be switched back but with an australian accent

how would you say that? >> i'm not sure. >> we'll get lawrence in on this. >> it's cool. >> mcdonald's is embracing it. 4:52. get to you in a minute, lawrence. a strange explosion in space. >> coming up, the brain discovery that explains a ufo. >> and you've heard smartphones and smart cars? how about a smart fork? how it's supposed to help you lose weight. coming up.

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clouds and fog in the east bay. temperatures in the 20s and 30s. more coming up. >> some dense fog could slow you down. we have a fog advisory along stretches of highway 4 but checking some other roadways around the bay area, the golden

gate, bay bridge and the san mateo bridge, all problem-free. much more "timesaver traffic" coming up. the mystery of an object that exploded in space is apparently solved. a sacramento man with a cell phone and telescope captured video of an object hovering in space and then blowing up. an astronomer couldn't identify the object but it is a weather balloon. take a look at the video. twice a day weather technicians release balloons into the atmosphere at exactly the same time. >> it's a pretty old technology. we have been using it since before world war ii. but it's very basic building blocks for meteorological analysis. >> the balloons carry radio transmitters and weather instruments and then send data back to meteorologists like our very own lawrence karnow. the balloons are designed to self-destruct after a couple of hours and the timing of the

video over sacramento indicates that the balloon came from oakland. >> you see this in the sky. you would think it -- it would freak you out. >> just a balloon. >> a weather balloon... 4:56. we have smart cars, smartphones, and now there is a smart smart fork. when you eat too fast is signals you. it's to train people to lose weight and digest food better. the smart utensil will be available in april and costs about $99. the smart spoon is the in making, too. >> very interesting. yeah. it is cute. >> just slow down. >> that's always hard to do. >> yeah. it's 4:56. a bay area manhunt ends in an arrest. >> coming up, where police found the suspect accused of setting his girlfriend on fire. >> and a tanker sideswipes the bay bridge. there's no oil spill, no damage, but there are still a

lot of questions. we'll tell you who they're turning to for answers today.

questions from the coast guard. where the manhunt for a boyfriend, suspected of setting girlfriend on fire, the day after a tanker sideswipes the bay bridge, who will have to answer questions from the coast guard. >> where the manhunt ended of a man suspected of setting his girlfriend on fire ends. >> fog in the bay area and snow coming our way, too. we'll tell you when coming up. >> right now they are wrapping up roadwork on the upper deck of the bay bridge up the incline. we'll talk much more about your tuesday morning drive coming up. good morning, everybody. it's tuesday, january 8. i'm michelle griego. >> hi, everyone. i'm frank mallicoat. it is another almost 5:00. cate caugiran is on treasure island with some new

information about the man in control of a ship that bumped into the bay bridge. she joins us with more. cate. >> reporter: good morning, frank. yeah, the pilot of the overseas reymar is going to be in the hot seat today. you can see that that tanker is still anchored out here as the coast guard continues its investigation. at 10 a.m. that pilot will be face to face with investigators as he is pending the results of a drug test. that tanker was on the way to sea when it hit a fender on the bay bridge. this happened just before 10:30 yesterday morning. there were thick fog conditions and visibility was a quarter mile. the coast guard found there was no signs of a spill and that everyone was safe. caltrans engineers responded as well and found no significant damage to the bridge. this is basically a scrape for the bay bridge. it didn't touch the actual bridge structure. >> reporter: now,le tanker had some damage to the right side but the fender actually took the brunt of the hit and acted like a bumper. caltrans says they will replace about 40 feet of it but that